Army polygraph instruments, as a minimum, record the following:
o
Pulse rate.
o
Blood pressure variation.
o
Respiration rate and relative volume.
o
Changes in skin resistance.
The examination is conducted by asking the subject a series of prepared questions
appropriate to the matter under investigation.
The polygraph examination is an aid to investigation. When a person agrees to the
examination, he is advised of his rights. Thus, rights are not violated. If the
examiner receives an oral confession he may testify to the matter in court.
Written statements should be taken by the investigator assigned to the
investigation. This provides additional witness to verify the voluntary nature of
the statement.
Polygraph examiners and their equipment must not be used in violation of the Posse
Comitatus Act which prohibits the armed forces from executing civil law in the
United States, its territories, and possessions.
The act (law) has been
interpreted as follows for military polygraph examiners:
o
They will not examine a person who is not subject to the UCMJ for the purpose
of assisting civil police in enforcing civil laws.
o
They may examine a soldier accused of an offense against both the civil law
and the UCMJ at the request of civil police. But only if, at the same time,
a military investigation is being conducted of the offense and the
requirements of AR 195-6 have been met.
o
They may examine a person not subject to the UCMJ in connection with the
military investigation providing the person committed an offense against the
code on a military reservation.
The investigation must be for a military
purpose and not for the purpose of imposing criminal liability by a civil
court for the offense. The requirements of AR 195-6 must be met.
The qualification and procedures for certification of polygraph examiners are set
forth in AR 195-6.
Only certified examiners or intern examiners under direct
supervision of a certified examiner may conduct polygraph examinations.
Communication Equipment. Because of certain surveillance techniques, communication
equipment may be needed. When this is the case, a separate radio frequency should
be used. There are specific policies to follow when using--
o
Wire taps.
2-55
MP2004
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